Common use of Non-Involvement of Certain Parties Clause in Contracts

Non-Involvement of Certain Parties. JRD hereby acknowledges and agrees in perpetuity that, in the event that there is any breach or alleged default by MGM Jxxx or any Affiliate thereof of this Agreement, or the Company has or may have any claim arising from or relating to the services to any actions to be taken by MGM Jxxx or any Affiliate thereof under this Agreement, JRD shall not, and shall cause its Affiliates not to, commence any lawsuit or otherwise seek to impose any liability whatsoever against Kxxx Xxxxxxxxx or Tracinda Corporation. JRD hereby further acknowledges and agrees in perpetuity that neither Kxxx Xxxxxxxxx nor Tracinda Corporation shall have any liability whatsoever to any Person with respect to this Agreement or with respect to any services provided or other actions taken hereunder or pursuant hereto by any Member, any Affiliate thereof or the Company. JRD hereby further acknowledges and agrees in perpetuity that it shall not permit, by act or omission, any Person claiming through it, to assert a claim or impose any liability against either Kxxx Xxxxxxxxx or Tracinda Corporation, either collectively or individually, as to any matter or thing arising out 50 of, or relating to, or any alleged breach or default by MGM Jxxx, any Affiliate thereof, or the Company under or pursuant to this Agreement. In addition, JRD acknowledges and agrees in perpetuity that neither Kxxx Xxxxxxxxx nor Tracinda Corporation, individually or collectively, is a party to, or bound by any term or provision of, this Agreement or liable for any alleged breach or default thereof.

Appears in 1 contract

Samples: Operating Agreement (MGM Mirage)

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Non-Involvement of Certain Parties. JRD hereby acknowledges and Tenant agrees in perpetuity that, that in the event that there is any breach default or alleged default by MGM Jxxx or any Affiliate thereof of Landlord under this AgreementLease, or the Company Tenant has or may have any claim arising from or relating to the services to any actions to be taken by MGM Jxxx or any Affiliate thereof under this AgreementLease, JRD Tenant shall not, and shall cause its Affiliates not to, commence any lawsuit or otherwise seek to impose any liability whatsoever against Kxxx Xxxx Xxxxxxxxx or Tracinda Corporation. JRD Tenant hereby further acknowledges and agrees in perpetuity that neither Kxxx Xxxx Xxxxxxxxx nor Tracinda Corporation shall have any liability whatsoever to any Person with respect to this Agreement or with respect to any services provided or other actions taken hereunder or pursuant hereto by any Member, any Affiliate thereof or the CompanyLease. JRD Tenant hereby further acknowledges and agrees in perpetuity that it shall not permit, by act or omission, permit any Person party claiming through it, to assert a claim or impose any liability against either Kxxx Xxxx Xxxxxxxxx or Tracinda Corporation, either collectively or individually, as to any matter or thing arising out 50 of, of or relating to, to this Lease or any alleged breach or default by MGM Jxxx, any Affiliate thereof, or the Company under or pursuant to this AgreementLandlord. In addition, JRD acknowledges and Tenant agrees in perpetuity that neither Kxxx Xxxx Xxxxxxxxx nor Tracinda Corporation, individually or collectively, is a party to, to this Lease or bound by any term or provision of, this Agreement or is liable for any alleged breach or default thereofof this Lease by Landlord. Notwithstanding anything contained in this Section 41 to the contrary, the provisions of this Section 41 shall not apply to the extent that Xxxx Xxxxxxxxx or Tracinda Corporation shall become the Landlord under this Lease.

Appears in 1 contract

Samples: Surface Lot Ground Lease (Marina District Development Company, LLC)

Non-Involvement of Certain Parties. JRD hereby acknowledges and Tenant agrees in perpetuity that, that in the event that there is any breach default or alleged default by MGM Jxxx or any Affiliate thereof of Landlord under this AgreementLease, or the Company Tenant has or may have any claim arising from or relating to the services to any actions to be taken by MGM Jxxx or any Affiliate thereof under this AgreementLease, JRD Tenant shall not, and shall cause its Affiliates not to, commence any lawsuit or otherwise seek to impose any liability whatsoever against Kxxx Xxxx Xxxxxxxxx or Tracinda Corporation. JRD Tenant hereby further acknowledges and agrees in perpetuity that neither Kxxx Xxxx Xxxxxxxxx nor Tracinda Corporation shall have any liability whatsoever to any Person with respect to this Agreement or with respect to any services provided or other actions taken hereunder or pursuant hereto by any Member, any Affiliate thereof or the CompanyLease. JRD Tenant hereby further acknowledges and agrees in perpetuity that it shall not permit, by act or omission, permit any Person party claiming through it, to assert a claim or impose any liability against either Kxxx Xxxx Xxxxxxxxx or Tracinda Corporation, either collectively or individually, as to any matter or thing arising out 50 of, of or relating to, to this Lease or any alleged breach or default by MGM Jxxx, any Affiliate thereof, or the Company under or pursuant to this AgreementLandlord. In addition, JRD acknowledges and Tenant agrees in perpetuity that neither Kxxx Xxxx Xxxxxxxxx nor Tracinda Corporation, individually or collectively, is a party to, to this Lease or bound by any term or provision of, this Agreement or is liable for any alleged breach or default thereofof this Lease by Landlord. Notwithstanding anything contained in this Section 43 to the contrary, the provisions of this Section 43 shall not apply to the extent that Xxxx Xxxxxxxxx or Tracinda Corporation shall become the Landlord under this Lease.

Appears in 1 contract

Samples: Ground Lease Agreement (Marina District Development Company, LLC)

Non-Involvement of Certain Parties. JRD (a) KXXXXXX XX hereby acknowledges and agrees in perpetuity that, in the event that there is any breach or alleged default by MGM Jxxx JV or any Affiliate thereof of this Agreement, or the Company has or may have any claim arising from or relating to the services to any actions to be taken by MGM Jxxx JV or any Affiliate thereof under this Agreement, JRD KXXXXXX XX shall not, and shall cause its Affiliates not to, commence any lawsuit or otherwise seek to impose any liability whatsoever against Kxxx Xxxxxxxxx or Tracinda CorporationCorporation with respect to such breach or alleged default. JRD KXXXXXX XX hereby further acknowledges and agrees in perpetuity that neither Kxxx Xxxxxxxxx nor Tracinda Corporation shall have any liability whatsoever to any Person with respect to this Agreement or with respect to any services provided or other actions taken hereunder or pursuant hereto by any Member, any Affiliate thereof or the Company. JRD KXXXXXX XX hereby further acknowledges and agrees in perpetuity that it shall not permit, by act or omission, any Person claiming through it, to assert a claim or impose any liability against either Kxxx Xxxxxxxxx or Tracinda Corporation, either collectively or individually, as to any matter or thing arising out 50 of, or relating to, or any alleged breach or default by MGM JxxxJV, any Affiliate thereof, or the Company under or pursuant to this Agreement. In addition, JRD KXXXXXX XX acknowledges and agrees in perpetuity that neither Kxxx Xxxxxxxxx nor Tracinda Corporation, individually or collectively, is a party to, or bound by any term or provision of, this Agreement or liable for any alleged breach or default thereof.

Appears in 1 contract

Samples: Operating Agreement (MGM Mirage)

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Non-Involvement of Certain Parties. JRD hereby acknowledges and Tenant agrees in perpetuity that, that in the event that there is any breach default or alleged default by MGM Jxxx or any Affiliate thereof of Landlord under this AgreementLease, or the Company Tenant has or may have any claim arising from or relating to the services to any actions to be taken by MGM Jxxx or any Affiliate thereof under this AgreementLease, JRD Tenant shall not, and shall cause its Affiliates not to, commence any lawsuit or otherwise seek to impose any liability whatsoever against Kxxx Xxxx Xxxxxxxxx or Tracinda Corporation. JRD Tenant hereby further acknowledges and agrees in perpetuity that neither Kxxx Xxxx Xxxxxxxxx nor Tracinda Corporation shall have any liability whatsoever to any Person with respect to this Agreement or with respect to any services provided or other actions taken hereunder or pursuant hereto by any Member, any Affiliate thereof or the CompanyLease. JRD Tenant hereby further acknowledges and agrees in perpetuity that it shall not permit, by act or omission, permit any Person party claiming through it, to assert a claim or impose any liability against either Kxxx Xxxx Xxxxxxxxx or Tracinda Corporation, either collectively or individually, as to any matter or thing arising out 50 of, of or relating to, to this Lease or any alleged breach or default by MGM Jxxx, any Affiliate thereof, or the Company under or pursuant to this AgreementLandlord. In addition, JRD acknowledges and Tenant agrees in perpetuity that neither Kxxx Xxxx Xxxxxxxxx nor Tracinda Corporation, individually or collectively, is a party to, to this Lease or bound by any term or provision of, this Agreement or is liable for any alleged breach or default thereofof this Lease by Landlord. Notwithstanding anything contained in this Section 41 to the contrary, the provisions of this Section 4041 shall not apply to the extent that Xxxx Xxxxxxxxx or Tracinda Corporation shall become the Landlord under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Marina District Development Company, LLC)

Non-Involvement of Certain Parties. JRD hereby acknowledges and Tenant agrees in perpetuity that, that in the event that there is any breach default or alleged default by MGM Jxxx or any Affiliate thereof of Landlord under this AgreementLease, or the Company Tenant has or may have any claim arising from or relating to the services to any actions to be taken by MGM Jxxx or any Affiliate thereof under this AgreementLease, JRD Tenant shall not, and shall cause its Affiliates not to, commence any lawsuit or otherwise seek to impose any liability whatsoever against Kxxx Xxxx Xxxxxxxxx or Tracinda Corporation. JRD Tenant hereby further acknowledges and agrees in perpetuity that neither Kxxx Xxxx Xxxxxxxxx nor Tracinda Corporation shall have any liability whatsoever to any Person with respect to this Agreement or with respect to any services provided or other actions taken hereunder or pursuant hereto by any Member, any Affiliate thereof or the CompanyLease. JRD Tenant hereby further acknowledges and agrees in perpetuity that it shall not permit, by act or omission, permit any Person party claiming through it, to assert a claim or impose any liability against either Kxxx Xxxx Xxxxxxxxx or Tracinda Corporation, either collectively or individually, as to any matter or thing arising out 50 of, of or relating to, to this Lease or any alleged breach or default by MGM Jxxx, any Affiliate thereof, or the Company under or pursuant to this AgreementLandlord. In addition, JRD acknowledges and Tenant agrees in perpetuity that neither Kxxx Xxxx Xxxxxxxxx nor Tracinda Corporation, individually or collectively, is a party to, to this Lease or bound by any term or provision of, this Agreement or is liable for any alleged breach or default thereofof this Lease by Landlord. Notwithstanding anything contained in this Section 40 to the contrary, the provisions of this Section 40 shall not apply to the extent that Xxxx Xxxxxxxxx or Tracinda Corporation shall become the Landlord under this Lease.

Appears in 1 contract

Samples: Expansion Ground Lease Agreement (Marina District Development Company, LLC)

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